A Medico-legal Treatise on Malpractice and Medical Evidence: Comprising the Elements of Medical Jurisprudence (Google eBook)

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Baker, Voorhis, 1871 - Evidence, Expert - 600 pages
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Page 392 - ... to establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a, defect of reason from disease of the mind as not to know the nature and quality of the act he was doing, or, if he did know it. that he did not know he was doing what was wrong.
Page 317 - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth.
Page 392 - The mode of putting the latter part of the question to the jury on these occasions has generally been, whether the accused at the time of doing the act knew the difference between right and wrong; which mode, though rarely, if ever, leading to any mistake with the jury, is not...
Page 393 - ... he was committing ; or, in other words, whether he was under the influence of a diseased mind, and was really unconscious at the time he was committing the act that it was a crime.
Page 277 - Can a medical man, conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime ? or his opinion whether the prisoner was conscious at the time of doing the act, that he was acting contrary to law, or whether he was laboring under any and what delusion at the time?
Page 185 - ... the negligent party is liable only to the party with whom he contracted, and on the ground that negligence is a breach of the contract.
Page 184 - Nothing but mischief like that which actually happened could have been expected from sending the poison falsely labeled into the market; and the defendant is justly responsible for the probable consequences of the act.
Page 128 - The law has no allowance for quackery. It demands qualification in the profession practiced, not extraordinary skill such as belongs only to a few men of rare genius and endowments, but that degree which ordinarily characterizes the profession. And in judging of this degree of skill in a given case, regard is to be had to the advanced state of the profession at the time.
Page 253 - Every person who shall administer to any woman d"st"oy1ch!id.t pregnant with a quick child any medicine, drug, or substance whatever, or shall use or employ any instrument, or other means, with intent thereby to destroy such child, unless...
Page 200 - To make the killing either murder or manslaughter, it is requisite that the party die within a year and a day after the stroke received or the cause of death administered; in the computation of which the whole of the day on which the act was done shall be reckoned the first.

References from web pages

JAMA -- American Medical Malpractice Litigation in Historical ...
Channing W. A medico-legal treatise on malpractice and medical evidence: a review. Boston Med Surg J. 1860;62:233-241, 259-265, 300-307. ...
jama.ama-assn.org/ cgi/ content/ full/ 283/ 13/ 1731

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